No. 21-5720

Mark Eldon Wilson v. United States

Lower Court: Ninth Circuit
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest-warrant criminal-complaint evidence federal-rule-of-criminal-procedure-29 judgment-of-acquittal rule-29 sixth-amendment speedy-trial speedy-trial-rights united-states-v-marion
Latest Conference: 2021-10-15
Question Presented (from Petition)

1. Whether a criminal complaint, at least when paired with an arrest warrant, triggers a defendant's Sixth Amendment speedy trial rights, which attach once "the putative defendant in some way becomes an 'accused." United States v. Marion, 404 U.S. 307, 313 (1971) (quoting U.S. Const. amend. VI).

2. Whether, after the Government rests its case and a defendant raises a meritorious motion for a judgment of acquittal under Federal Rule of Criminal Procedure Rule 29, a district court has the discretion to reopen the evidence to permit the Government to correct a deficiency in its proof.

Question Presented (AI Summary)

Whether a criminal complaint triggers a defendant's Sixth Amendment speedy trial rights

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-22
Waiver of right of respondent United States to respond filed.
2021-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

Mark Wilson
Joshua D. WeissOffice of the Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent